No one wakes up and expects to suffer a severe injury in an accident. Yet, this happens to people all over the world every day. Some accidents happen because another party was negligent, reckless, or intentionally committed a wrongful act. In this situation, the injured party can qualify to file a personal injury claim against the at-fault party to recover compensation for their damages.
Our Brentwood personal injury lawyers at Batson Nolan PLC strive to provide our clients with the highest quality legal representation and secure the best outcome available. We will dedicate our time and resources to performing a comprehensive analysis of your personal injury claim. If you or a loved one suffered a severe injury due to someone else’s behavior, contact our office today.
What Is a Personal Injury Claim?
Most personal injury claims rely on proving that the opposing party was negligent, which resulted in an accident that caused your injuries. The person bringing the personal injury lawsuit, referred to as the plaintiff, bears the burden of proving negligence. Negligence is made up of four elements: duty, breach of duty, causation, and damages. If you fail to prove any of the four elements, you cannot prove that the at-fault party was negligent.
Duty of Care
First, you must prove that the at-fault party owed you a legal duty to act as a reasonable person under the same or similar circumstances. For example, property owners owe a legal duty to visitors to rid their premises of dangerous conditions or warn visitors of any dangerous conditions. Additionally, someone operating a motor vehicle owes a duty of care to everyone else on the road.
Breach of Duty
The next element of negligence requires proving that the at-fault party breached their duty by failing to act as a reasonable person would under the same or similar circumstances. A property owner who knows about a dangerous condition on their premises but fails to remedy the issue or post a warning breaches their duty of care to visitors. Disregarding traffic laws and posted signs likely indicate that a driver has breached their duty of care.
Causation
Next, you must demonstrate a connection between the at-fault party’s breach of duty, the accident it caused, and the injuries you suffered. That means the accident occurred as a direct consequence of the at-fault party’s breach, not due to some outside factor like poor weather conditions. For instance, if drivers cause motor vehicle accidents because they disobeyed traffic laws, it’s likely that a court will find a causal link between the breach, the accident, and the resultant damages. But this element can create confusion for lots of clients. Personal injury attorneys can help establish the connection between the defendant’s breach and the accident.
Damages
The final requirement for proving negligence damages. This means that you must have suffered harm and financial loss as a result of the at-fault party’s negligence. If you did not suffer any harm in the accident—meaning you were not injured and did not sustain any property damages—you could not recover compensation through a personal injury claim. Damages in a personal injury claim aim to make the plaintiff “financially whole.” If you did not lose any money due to the accident through medical bills or other fees, you would not satisfy this requirement.
Proving all four elements of negligence is no easy feat. Contact our personal injury lawyers at Batson Nolan PLC, and we can help.
What Should I Do After a Personal Injury Accident?
Many personal injury accidents happen unexpectedly. As a result, a victim will often panic instead of taking steps to strengthen their future lawsuit. If you are involved in a personal injury accident, try to remember to take the following steps.
Seek Prompt Medical Care
Documenting your injuries is a critical part of a personal injury lawsuit. If you suffer a severe injury or even a minor one, you should seek medical attention as soon as possible. Even if you think your injuries are minor, you should seek medical care because some injuries don’t present themselves in an obvious way immediately. Or adrenaline could prevent you from appreciating the full extent of your injuries. So see a doctor, and know that any medical expenses you incur will constitute damages you can claim in your lawsuit.
Do Not Make Any Statements
In the wake of an accident, you might make contact with the at-fault party. You should never admit any fault or make any general statements about your own well-being or the circumstances that caused the accident. Otherwise, the opposing party might try to use these statements against you in trial or during settlement negotiations. The best practice is to obtain the other person’s name, contact information, and insurance information, but don’t apologize, admit fault, or comment on the state of your injuries.
Do Not Accept Your First Settlement Offer
Medical costs can add up very quickly. Some insurance providers try to capitalize on the stress you may be feeling as exorbitantly high medical fees pour in. These providers hope that the looming medical debt and the promise of a quick resolution will incentivize people to settle for an amount far below what they are owed. Instead, contact one of our personal injury attorneys at Batson Nolan PLC to negotiate on your behalf. That way, you can ensure you are getting a fair settlement offer that will cover your expenses now and into the future.
Learn How the Brentwood Personal Injury Attorneys at Batson Nolan PLC Can Help You
Dealing with a personal injury lawsuit is often a stressful, complicated time for an injured victim. You do not have to deal with the process alone. Contact a Tennessee Personal Injury Lawyer at Batson Nolan PLC today to start the process of holding the at-fault party responsible for the harm they caused.
Since 1860, our attorneys have provided exceptional legal services to clients throughout Tennessee and Kentucky. We stay on the cutting-edge of developments in the legal industry by devoting time and effort to study, analyze, and adapt to the changing landscape of personal injury law practice. Additionally, we are rated “AV Preeminent” by Martindale-Hubbell, which is the highest peer review rating and denotes the firm’s professional excellence. Contact us today to get started on your case.
The experienced lawyers at our firm handle other types of cases as well, including:
